ICC Rules for Expertise
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The Rules contained in this booklet describe three distinct services offered by the International Chamber of Commerce (ICC) to persons who wish to obtain an expert opinion on an issue of a technical, legal, financial or other nature. Those services are the proposal of experts, the appointment of experts and the administration of expertise proceedings.
Each service is intended to respond to a different need. A proposal leaves the requesting party or parties free to decide whether or not to use the services of the expert proposed. An appointment is normally made on the basis of an agreement between parties and obliges them to have recourse to the person appointed. The administration of expertise proceedings covers not only the appointment of an expert but also the definition of the expert’s mission, the conduct of the expert’s investigations, the drawing up of the expert’s report and, if the parties wish, a review of the expert’s report by ICC before it is notified to the parties.
The procedures described in these Rules are administered exclusively by the ICC International Centre for Expertise, which forms part of ICC’s International Centre for ADR. Created in 1976, the International Centre for Expertise has a strong track record of finding experts to fulfill specialized assignments in an international context. It enjoys the support of a standing committee, itself composed of experts, which contributes to quality assurance.
A request for the proposal of an expert may be made to the Centre at any time, with or without a prior agreement. However, parties wishing to have recourse to the Centre for the appointment of an expert or the administration of expertise proceedings are advised to include an appropriate clause in their contract. For this purpose, ICC proposes model clauses to fit different situations, which can be found at the end of this booklet.
Drafted by specialists from different legal traditions and cultures, and administered by qualified professionals, these Rules provide a structured, institutional framework ensuring transparency, efficiency and fairness while allowing users to exercise their choice over many aspects of the procedure.